Barely covering their everyday expenses, the couple was then slogged with hundreds of dollars in extra rates because they owned their own home as well.

"Basically they are charging anyone with a second property extra rates," he said.

"It's just a blatant rip off, that's all you can describe it as."

Solicitor Greg Smart of SR Wallace and Wallace Lawyers admitted he had his doubts about taking on the David and Goliath battle.

"When you are talking about rates you've got to look at the land, not the owner and we think in this case and the judge vindicated our position. They were looking at who owned the land rather than what the land was," he said.

It does not appear Mackay Regional Council Mayor Dierdre Comerford will be repaying the $6 million owed to local ratepayers anytime soon, with the council announcing they plan to take Mr Paton to court to appeal the ruling.